As used in this chapter, the following terms shall have the
meanings indicated:
Any individual working in a full- or part-time capacity for
another person. For purposes of this chapter, an individual working
as a temporary worker through an employment agency shall be considered
an employee.
Any person, whether physically located within or outside
of the corporate limits of the Town of Millville, engaged for profit
in any of the following in the Town: selling any merchandise or commodities
from any given establishment; providing facilities for use, entertainment,
or enjoyment; providing services for use; serving food; soliciting
door-to-door; peddling; hawking; manufacturing, whether industrial
or otherwise; and providing services not otherwise mentioned.
Includes individuals, and all artificial entities such as
partnerships, firms, companies, associations, corporations, limited-liability
companies, and trusts.
[Amended 3-14-2023 by Ord. No. 23-06]
A.
No person shall engage in or carry on or conduct in the Town of Millville
any business, profession, or occupation or activity or use therefor,
any wagon, vehicle stand, store or other place or thing, at or from
which any merchandise or commodity is dispensed or facilities or services
are provided to members of the general public or members of an association,
club or other body or the like, without first having paid the prescribed
fee and having obtained from the Town of Millville an annual license
for such business, occupation or activity. Specifically included are
all persons engaging in general business or offering property for
rent. Specifically excluded are all persons engaging in selling in
the Town any farm produce or products grown upon a farm owned by the
vendor or any member of his or her family with whom the vendor resides
and all activities exempt under 24 Del. C. § 2939.
B.
A license shall be obtained for each branch establishment or location
of the business, as if each branch or establishment or location were
a separate business, provided that accessory buildings used in connection
with and incidental to a business licensed under the provisions of
this chapter shall not be deemed to be separate places of business
or branch establishments.
C.
If more than one business, rental, or occupation is carried on in
any one building, each such business, rental, or occupation shall
be licensed separately. Businesses that are a part of partnerships,
firms, companies, associations, corporations, limited-liability companies
and trusts and do business under another name require individual business
licenses.
D.
All property owners who rent or offer to rent property shall obtain
a rental license. All property owners who do not rent shall be required
to file a certification that the owner does not rent or lease his
or her property.
E.
No person shall engage in or carry on or conduct a permitted public
event or mobile food vending without a permit or license for such
business, occupation, or activity.
F.
No business license shall be issued for any marijuana establishment
as defined in 4 Del. C. § 1302.
[Added 7-25-2023 by Ord. No. 24-01]
A.
Applications for all licenses and public event permits required by
this chapter shall be made, in writing, to the Town Manager or designee
in the absence of provision to the contrary. Forms for all licenses
and public event permits, and applications therefor, shall be prepared
and kept and filed by the Town Manager or designee.
[Amended 3-14-2023 by Ord. No. 23-06]
B.
Application procedure. New applications for a license required by § 90-2 hereof shall be made on the prescribed form to the Town of Millville, and no license shall be granted until the license fee shall have been paid in full. Each such license and such application shall specify to whom it shall be issued and give the following information:
(1)
The home or business address and telephone numbers of the applicant.
(2)
If the applicant is a partnership, the names and addresses and telephone
numbers of individuals composing the partnership.
(3)
If the applicant is a corporation or other artificial entity, the
names and addresses and telephone numbers of its principal officers.
(4)
A full description of the nature of the business or enterprise for
which the license is required.
(5)
The specific location of the business, occupation, rental, or activity.
(6)
The maximum number of employees, rental units, rental rooms, or storage
units of a business during the license year.
(7)
A copy of a valid Delaware state business license for the business,
Delaware professional license for the individual or business (if applicable).
(8)
For all contractors, proof of liability insurance, issued in the
name of the business.
(9)
All other information requested on the application provided by the
Town.
(10)
All additional information requested to assist in the approval of
the license.
C.
Each license and permitted public event applicant and each licensee
and permittee shall certify, in writing, on a form prepared by the
Town, as follows:
[Amended 3-14-2023 by Ord. No. 23-06]
(1)
The information on the application is true and correct and that a
false answer can subject the application to denial or a license or
public event permit to revocation.
(2)
The applicant has consistently complied with all provisions of this
chapter and all other laws and ordinances of the Town of Millville
and other agencies and jurisdictions relating to the business or enterprise
for which the license is required, including applicable zoning and
building codes, and shall continue to do so throughout the term of
the license or permit.
D.
Renewal applications for a license or permit required by § 90-2 shall validate the renewal information on the application generated by the Town of Millville and make any changes and corrections as needed. No license or permit shall be granted until the applicable fee shall have been paid in full and the renewal application signed.
[Amended 3-14-2023 by Ord. No. 23-06]
E.
Address corrections and changes to existing licenses or permits may
be made on the renewal application or a change of address form to
the Town of Millville. It is the responsibility of the license or
permit holder to notify the Town of Millville, in writing, of any
changes to the account. It is further the responsibility of the license
or permit holder to notify the Town of Millville, in writing, if the
business is no longer valid.
[Amended 3-14-2023 by Ord. No. 23-06]
F.
Each license or public event permit shall bear the name of the Town
Manager.
G.
Notwithstanding the foregoing, a public event permit is not required
for an event held by a civic association on its parkland when the
event is without charge and limited to members of the civic organization
or to the residents of the neighborhood, community, or subdivision.
The definitions for terms used in this subsection are as defined in
9 Del. C. § 8110. Although a public event permit is not
required, the civic association may engage mobile food vendors for
such an event upon compliance with this chapter, including issuance
of a mobile food vendor license and mobile food vendor permit.
[Added 7-11-2023 by Ord. No. 24-02]
[Amended 3-14-2023 by Ord. No. 23-06]
A.
The Town Manager or designee shall investigate and review all applications
for licenses and public event permits from the Town to determine whether:
B.
The Town Manager or designee shall not issue any license or permit if it has been found that the applicant does not comply with the requirements of Subsection A hereof.
C.
The Town Manager or designee may recommend to the Town Council the
revocation or suspension of a license or permit, in part or in its
entirety, if it is found via subsequent investigation that the license
or public event permit holder or applicant does not comply with the
requirements of this chapter.
Any person aggrieved by the decision of the Town Manager may,
within five days, take an appeal to the Town Council by giving written
notice of his or her election to do so to the office of the Town Manager
and upon payment of a fee as provided by the fee schedule on file
in the Town office. The Town Manager shall notify the Mayor, who shall
call a meeting of the Town Council to hear the appeal after giving
notice of the hearing to the appellant at least 15 days prior to said
hearing.
[Amended 3-14-2023 by Ord. No. 23-06]
All annual license fees shall be due and payable to the Town
of Millville no later than the first day of June of each year, and
all licenses shall terminate on April 30 of each year where no provision
to the contrary is made. A late fee, as listed in the fee schedule
on file in the Town office, is imposed if payment is received or postmarked
after the due date. No rental license will be issued until rental
license fees and gross receipt tax for all prior years have been paid
in full.
The location of any licensed business or occupation or any permitted
act may be changed, provided 10 days' notice thereof is given to the
Town Manager or designee in the absence of any provision to the contrary,
provided that the building and zoning requirements of the ordinances
of the Town of Millville are complied with.
No business, licensed or not, shall be so conducted or operated
as to amount of nuisance in fact.
It shall be the duty of any person conducting a licensed business
to keep any license required by this chapter posted in a prominent
place on the premises used for such business at all times, or, if
necessary, the license can be maintained in the vehicle used for the
business or carried by an employee or person involved in the business.
A license, issued by the Town of Millville, must be presented upon
request by the Town Manager, Code and Building Department or a law
enforcement official.
[Amended 3-14-2023 by Ord. No. 23-06]
In the absence of a specific provision restricting the number
of licenses to be issued for a particular business, no ordinance or
other action of the Town shall be determined to limit the number of
licenses that may be issued.
License fees and taxes shall be paid to the Town of Millville
for conducting the business and engaging in the occupations and activities
herein named and shall be as set forth in the fee schedule on file
in the Town office:
A.
Rental license fee and gross rental receipts tax for apartments,
cottages, cabins or private houses or other establishments offering
rooms for public rental.
[Amended 3-14-2023 by Ord. No. 23-06]
B.
Rental license fee and lodging tax for motels, hotels, tourist homes,
or other establishments offering public rental which are subject to
paying the Town lodging tax.
[Amended 3-14-2023 by Ord. No. 23-06]
C.
Rental license fee and gross rental receipts tax for stores, garages,
warehouses or any other commercial buildings or structures which rent
or lease space or other facilities.
[Amended 3-14-2023 by Ord. No. 23-06]
D.
Annual business license fee.
E.
Each vendor stand, stall, vehicle, tent, or similar display per each
day of a permitted public event not sponsored by the Town.
A.
BUSINESS
OPERATOR or MANAGER
OWNER
PAST DUE
PERMITTED PUBLIC EVENT
VENDOR
For purposes of this section, the following terms shall be defined
as indicated:
The legal entity to whom the business license is issued (e.g.,
a sole proprietorship, partnership, corporation, limited-liability
company, or limited partnership).
Those persons on the premises having custody and control
thereof with authority to supervise other employees on the premises.
Includes those persons owning an interest in the business
as a sole proprietor, partner, stockholder in a close corporation,
or as a member of limited-liability company or limited partnership.
The owner, operator, or manager of the business shall have
been provided written notice, via hand delivery or regular mail (postage
prepaid, to that address provided to the Town on the business's license
application), of the amount(s) due to the Town, the reason(s) for
which such amounts are due, and a date (not less than 10 days from
the date such notice was hand-delivered or deposited into the U.S.
mail) by which such amount(s) must be paid in full.
Any event, not otherwise against any provision of this Code
or Town ordinances, which is offered to attract members of the public,
including, but is not limited to, any performance, exhibition, exposition,
circus, fair, festival, food festival, pageant, regatta, sports event,
dance, and lecture, but excluding any yard sale.
A person or business entity engaged for profit in the temporary
outdoor display, sale, or both, of food, crafts, merchandise, or any
combination thereof, at a permitted public event.
B.
Conditions attached to business license. Every license issued under
this chapter shall be subject to the following conditions, violation
of any of which shall be grounds for immediate revocation of the license
in accordance with the procedures set forth herein:
(1)
Every business shall at all times be used and operated only for lawful
purposes under, and in accordance with, all governing federal and
state laws and regulations and Town ordinances and regulations.
(2)
No amount of money shall be past due and owing the Town on account
of any municipal service (e.g., water, trash collection), tax, assessment,
fee, penalty or fine, by the business or by the owner(s) of such business.
C.
Notice and opportunity to remedy violated condition or to request a hearing. No business license or public event permit shall be denied or revoked unless written notice of such denial or revocation is provided to the applicant or license or public event permit holder, either by personal delivery, by commercial courier (e.g., Federal Express, UPS), or by U.S. mail, addressed to the last address provided to the Town by the applicant/license or public event permit holder, proper postage affixed, stating the reason(s) for such denial/revocation and affording the applicant/or public event permit license holder an opportunity to remedy the condition violated or to request a hearing before the Town Manager to contest such denial/revocation. Unless a longer time is requested by the applicant/license holder, the Town Manager shall schedule and hold the hearing within five business days of receiving the request. Any person aggrieved by the decision of the Town Manger may appeal to the Town Council in accordance with § 90-5.
D.
Conditions attached to permitted public event. Every permitted public
event licensed under this chapter shall be subject to the following
conditions, violation of any of which shall be grounds for immediate
revocation of the license in accordance with the procedures set forth
herein:
(1)
Every permitted public event shall at all times be used and operated
only for lawful purposes under, and in accordance with, all governing
federal and state laws and regulations, Town ordinances and regulations,
and the reasonable conditions placed upon the permitted public event's
permit issued by the Town Manager to protect the health and safety
of the attendees; and
[Amended 3-14-2023 by Ord. No. 23-06]
(2)
The use of a tent for a permitted public event shall also be limited
to no longer than 10 consecutive days, including setup and teardown.
The following shall be exempt from the payment of business license
fees charged by the Town of Millville:
A.
The United States of America, the State of Delaware, Sussex County,
or any agency or department thereof, including school districts; and
B.
Any church or religious society; and
C.
Any nonprofit corporation organized for educational or charitable
purposes; and
D.
Yard sales, residential: the sale of a person's personal property
at that person's residence is not a business or work. A public event
permit is not required for residential yard sales. However, yard sales
are limited to two times per year, and the Town is to be notified
of such sales.
